N.Y. Family Court Act § 331.3: Discovery; upon court order

§ 331.3. Discovery; upon court order. 1. Upon motion of respondent the

court, (a) must order discovery as to any material not disclosed upon a

demand pursuant to section 331.2, if it finds that the presentment

agency's refusal to disclose such material is not justified; (b) must,

unless it is satisfied that the presentment agency has shown good cause

why such an order should not be issued, order discovery or any other

order authorized by subdivision one of section 331.6 as to any material

not disclosed upon demand pursuant to section 331.2 where the

presentment agency has failed to serve a timely written refusal pursuant

to subdivision six of section 331.2; and (c) may order discovery with

respect to any other property which the presentment agency intends to

introduce at the fact-finding hearing, upon a showing by the respondent

that discovery with respect to such property is material to the

preparation of his defense, and that the request is reasonable. Upon

granting the motion pursuant to paragraph (c) hereof, the court shall,

upon motion of the presentment agency showing such to be material to the

preparation of its case and that the request is reasonable, condition

its order of discovery by further directing discovery by the presentment

agency of property, of the same kind or character as that authorized to

be inspected by the respondent which he intends to introduce at the

fact-finding hearing.

2. Upon motion of the presentment agency, and subject to

constitutional limitation, the court; (a) must order discovery as to any

property not disclosed upon a demand pursuant to section 331.2, if it

finds that the respondent's refusal to disclose such material is not

justified; and (b) may order the respondent to provide non-testimonial

evidence. Such order may, among other things, require the respondent to:

(i) appear in a line-up;

(ii) speak for identification by witness or potential witness;

(iii) be fingerprinted, provided that the respondent is subject to

fingerprinting pursuant to this article;

(iv) pose for photographs not involving reenactment of an event,

provided the respondent is subject to fingerprinting pursuant to this

article;

(v) permit the taking of samples of blood, hair or other materials

from his body in a manner not involving an unreasonable intrusion

thereof or a risk of serious physical injury thereto;

(vi) provide specimens of his handwriting; and

(vii) submit to a reasonable physical or medical inspection of his

body.

This subdivision shall not be construed to limit, expand, or otherwise

affect the issuance of a similar court order, as may be authorized by

law, before the filing of a petition consistent with such rights as the

respondent may derive from this article, the constitution of this state

or of the United States.

3. An order pursuant to this section may be denied, limited or

conditioned as provided in section 331.5.